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Neutral Citation No. - 2025:AHC:101142 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20783 of 2025 Applicant :- Bhagwati Alias Bhagwandas Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Pankaj Kumar Sharma, learned counsel for the applicant, learned A.G.A. and perused the record.
2. The instant application has been filed to enlarge the applicant on bail in S.S.T. No.92 of 2007, under Section 395 I.P.C., P.S. Soron, District Kasganj.
3. Submission of learned counsel for the applicant is that present case arises out of complaint case no.72 of 2006 in which proceedings were also stayed by this Court in Application filed under Section 482 Cr.P.C. No.19664 of 2008. Subsequently the said application has been dismissed for want of prosecution. Thereafter, the applicant has surrendered and applied for bail. It is further submitted that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that co-accused Mahavir has already been granted bail by co-ordinate Bench of this Court vide order dated 25.06.2025 passed in Criminal Misc. Bail Application No.20978 of 2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity with the co-accused Mahavir. It is further submitted that the applicant has no criminal history. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact.
5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant-Bhagwati Alias Bhagwandas, involved in
the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 1.7.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad